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What is Intestacy?

Simply put, if someone dies without making a will, then they have died ‘intestate’.

The law of Intestacy will then apply to their estate (money, property and any other personal items or belongings).

Who has the legal right to deal with the deceased person’s estate?

Close relatives, usually a spouse, child or parent will have the legal right to administer an estate.

To do this the individual will require a ‘Grant of Letters of Administration’ which can be obtained by applying to the Probate Registry with help from a Solicitor.

The status of  ‘administrator’ of the estate then allows funds to be distributed as banks etc have proof that you have authority to do so.

Any inheritance tax due on an estate must be paid before a grant will be issued.

A grant may not be needed for estates with a total value below £10,000, which does not contain any property or shares.

Who inherits the deceased’s estate?

This is variable based on the personal circumstances of the deceased.

If there is a spouse or civil partner they will inherit the first £322,000 and all personal belongings.

They will also inherit half of the remaining estate.

Any children will then have the other half of anything over £322,000 divided equally between them.

If there are no children this other half is shared as follows:

• grandchildren will get an equal share
• if there are no children or grandchildren, surviving parents will get a share
• if there are no children, grandchildren or surviving parents, any brothers and sisters will get a share (or their children if they died while the deceased was still alive)
• if the deceased has none of the above, the husband, wife or registered civil partner will get everything

If there is no surviving spouse or civil partner, then the estate is distributed as follows:

• to surviving children in equal shares (or to their children if they died while the deceased was still alive)
• if there are no children, to parents (equally, if both alive)
• if there are no surviving parents, to brothers and sisters or to their children if they died while the deceased was still alive
• if none of the above then to grandparents (equally if more than one)
• if there are no grandparents to aunts and uncles (or their children if they died while the deceased was still alive)
• to the Crown if there are none of the above (through the Crown Solicitor’s Office)

Partners who weren’t married or civil partners

There is no automatic share for a partner in this situation.

What happens if there are no living relatives?

The estate passes then to the crown, this is known as ‘bona vacantia’.

The Crown can then make grants from the estate.

If you are not a surviving relative but believe you may have a good reason to apply, then you will require legal advice from a Solicitor.

Making changes to the division of an Estate

Distribution of an estate under the rules of intestacy can be varied worked around divide the estate differently. This can be done provided everyone who would inherit agrees, and it is done within 2 years of the death. If any of the beneficiaries are under 18 court approval is required.

This can be used to benefit someone who does not receive anything under the rules of intestacy.

What can I do if I cannot inherit?

You can ask those who did inherit to change the division of the estate to include you, as per the above.

If the death left you significantly worse off, then the court may be able to assist you.

You will then need to obtain legal advice and instruct a solicitor.

Rejecting inheritance

If you wish to reject money, property or anything else you are going to inherit then you can do so. This is known as ‘disclaiming’ it. It will then pass to the next person under the rules of intestacy.

It is better to avoid intestacy

The rules of intestacy can be complex, lead to probate disputes and the outcomes may not reflect the wishes of the deceased.

A much better alternative is to have a will professionally drafted.

Speak to a Middlesbrough and Redcar-based wills & probate solicitor

If you require advice about drafting a will, intestacy or probate disputes, Contact Us to arrange a consultation. Or visit Wills & Probate to learn more about our services. 

This content is for general information purposes and does not constitute legal advice.